Construction Litigation

LeClairRyan’s Construction Law attorneys possess the legal knowledge and practical experience necessary to manage successfully the challenges that arise throughout the construction process. We combine our understanding of the practical aspects of construction with our familiarity with construction law to help our clients achieve their business objectives, while minimizing risk, difficulties, and expense. Our legally sound and sensible approach to construction disputes has led to LeClairRyan’s growth and prominence in the area of construction law.

We represent many segments of the construction industry, including general contractors, owners, construction managers, design-builders, sureties, design professionals, and subcontractors, in all phases of public and private projects. We counsel clients on a full spectrum of vertical and horizontal projects using a variety of project delivery methods.

Building the Enterprise

We recognize that risk management is instrumental to protect and grow businesses in the construction industry – especially given challenging economic conditions. Thus, we not only provide legal solutions to problems when they arise, but more importantly implement strategies to avoid disputes before they occur. We regularly advise our construction clients on proactive and creative measures to avoid disputes, limit liability exposure, maximize opportunity for success, and minimize attorney fees.

When construction disputes do arise, however, our team of highly skilled construction litigators achieves favorable and quantifiable results for clients of all sizes – from large multinational firms to local contractors. We have extensive experience litigating and trying construction cases in federal and state courts as well as before dispute review boards and arbitration tribunals throughout the nation. We also represent clients in license disputes before various boards of registration.

Construction litigation is invariably complicated, and our team of 50 attorneys knows how to manage effectively cases of varying complexity and size. We have achieved strategic advantages for our clients while working on some of the nation’s largest construction projects and cases, such as Boston’s well-known “Big Dig” and the John F. Kennedy International Airport light rail transit project in New York. In addition, we consistently handle matters of a smaller, but still significant, scope with the same tenacity and skill.

Following is an at-a-glance list of the construction law services we provide:

Risk Management / Dispute Avoidance

Pre-bid risk analysis

Project delivery method selection and contract formation

Contract negotiations and drafting

Insurance and bond issues

Teaming

Procurement

Bid protests

Government regulation compliance

Prequalification

Debarment

Buy American

Minority- and women-owned business participation

Construction Disputes and Claims

Changed and extra work

Productivity and impact claims

Differing site conditions

Lack of design coordination

Time claims, delays, suspensions, disruptions and accelerations

Mechanics’ liens

False claims

Construction defects

Design defects

Structural failures

Warranty claims

License complaints

Alternative Dispute Resolution/Litigation

Mediation

Arbitration

Dispute review boards

Boards of contract appeals

Regulatory compliance investigations and proceedings

Administrative agency proceedings

Trials in state and federal courts

Large-scale discovery related to litigation

Insurance and Surety

Insurance and bond coverage

Completion contracts

Labor and Employment

Collective bargaining agreements

Project labor agreements

Union election campaigns

Employee picketing

Prevailing wage requirements

Workplace safety issues

OSHA compliance and enforcement

ERISA claims

Residency requirements

Non-competition disputes

Immigration

Employee policies and handbooks

Additional Matters

Environmental issues

Unfair trade practices

Trade secrets

Fraud disputes

Professional liability

Land use and zoning issues

Uniform Commercial Code

Fair Trade Practices Act

Racketeer Influenced and Corrupt Organizations Act

Industry Insights

Our industry experience reaches beyond the construction site and courtroom. Members of our team are active participants in numerous construction industry trade groups and associations, allowing them the opportunity to stay abreast of current legal trends specific to the construction industry. Several team members also chair construction law sections and subcommittees of various state bars.

Skill and knowledge breed success, as proven by the recognition our attorneys continue to receive by Super Lawyers, Best Lawyers and Legal Elite in construction law and business litigation, among other practice areas.

Construction Litigation Discovery

Discovery often plays a critical role in construction litigation. LeClairRyan possesses the experience and depth necessary to help businesses involved in construction litigation navigate all aspects of modern discovery, including document (electronic and paper) collection, review and production. We also help our clients implement sound business and record-keeping practices that position businesses to respond effectively to discovery requests before they occur.

Representative Construction Matters

Our attorneys counsel clients on a full spectrum of vertical and horizontal projects of varying size and complexity. View a list of the types of construction projects our team regularly handles.

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